Criminal Law Flashcards
Criminal law in the US
Common Law Constitution Statues Administrative Regulatory Agency Decisions
1st Amendment
Freedom of speech, religion, and press
2nd Amendment
Right to bear arms
4th Amendment
Unreasonable searches and seizures
5th Amendment
Due process and prohibits self-incrimination & double jeopardy
6th Amendment
Fair and speedy public trial by jury, confront the accuser and retain counsel
8th Amendment
Prohibits excessive fines and excessive ball, cruel and unusual punishment
13th Amendment
Abolishes slavery
14th Amendment
Equal Protection Clause
15th Amendment
Prohibits the denial of right to vote
Three components of the criminal system
Police, Courts, Corrections
Local Criminal System
City Police, County Police, Sheriff
GA Courts
Magistrate Municipal Probate Juvenile State Superior GA Court of Appeals GA Supreme Court
Due Process Steps
Pre-arrest Arrest Booking Court 72 hours w/ warrant 48 hours court w/out warrant Pre hearing Determination of charges Indictment Arrangement Trial Sentencing Release/Appeal
Liability Types
Civil
Criminal
Administrative
Civil
Imposed under the civil as opposed to the criminal law. Civil liability can result in monetary rewards for normal or punitive damages or injunctions
Tort
A civil wrong for which a remedy may be obtained usually in the form of damages
Elements of Tort Actions
Owed a duty to plaintiff
There was a breach in that duty
There is an injury to the plaintiff
Plaintiff must prove the damages
Defense to Tort
Probable cause
Reasonable
Good faith
OCGA 16-5-41
False imprisonment
OCGA 16-5-42
False imprisonment under Color of Legal Process
42 USC 1983
Civil action for deprivation of rights
Elements for law enforcement officer to be liable
- A violation of federal constitutional right or statue
2. Violation must be by a person action under color of law
18 USC 241
Conspiracy against rights (two persons)
18 USC 242
Deprivation of rights under color of law (Singular liability
Saucier Katz/Two prong Test
There was a violation of a constitutional right
The right was clearly established at the time
Absolute immunity
Complete from civil liability usually afford to officials while performing important functions (judicial member)
Quasi-Judicial
Immunity when performing related functions for public officials
Official/Qualified
State is official
Federal is Qualified
Limitations for the following: Murder Force Rape Crimes punishable for life or death All other felonies Misd
M-0 yrs FR-15 yrs C&P 7 Yrs All Other 4 Yrs Misd 2 Yr
Included Crime
An accused may be convicted of a crime included in a crime charged in the indictment or accusation
Multiple prosecutions for same conduct
May be convicted of more than one crime if the crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct
Crime
A violation of a statue of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.
Misfortune or Accident not a Crime
A person shall not be found guilty of any crime committed by misfortune or accident where no criminal scheme or intentional/negligence
Presumption of sound mind and discretion
Every person is presumed to be sound minded
Parties to a crime
Every person concerned in the commission of a crime is a party thereto and may be charged and convicted (intentionally causes, aids, advises…ect)
Minimum Age
Attended the age of 13 years at the time of the act.
16 for consent to sex
17 for adult
18 for deprived
Mental Capacity/Insanity
Not be found guilty if person did not have mental capacity to distinguish between right and wrong
Delusional Compulsion
Not be found guilty of crime due to mental disease, injury or congenital deficiency
Intoxication
Not be found guilty of crime because of involuntary intoxication
Entrapment as Defense
Not be found guilty if conduct is induced or solicited by a government officer for the purpose of obtaining evidence to be used as evidence
Coercion as Defense
Not be found guilty, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believed that performing the act is the only way to prevent injury/death
Criminal attempt
Intent to commit a crime takes a substantial step to the commission of the crime
Impossibility no defense
legally impossible of commission of such crime could have been committed had the attendant circumstance been as the accused believed them to be
Abandonment of effort as defense
Constitute an attempt; a belief that circumstance exist which increase the probability for detection or postpone the criminal conduct until another time.
Punishment
Crimes punishable by death or life= Felony 1-30yrs or one half in the sentence
Criminal Solicitation
Person engage in conduct constituting a felony, he solicits, request, command other persons to engage in a crime
Murder
Unlawfully and with malice aforethought express cause the death of another human. Malic shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart
Voluntary Manslaughter
Cause death to another human, acts solely as the result of sudden, violent and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. Felony
Involuntary Manslaughter
In the commission of an unlawful act when he causes the death of another human without intention. Misdemeanor
Simple Assault
Attempts to commit violent injury, commits an act which places another in danger. Misdemeanor
Aggravated Assault
Intent to murder, rape, rob with a deadly weapon or with any object, device, can result in serious injury. Felony
Simple Battery
Intentionally makes physical contact or insulting or provoking nature. Intentionally causes physical harm. Misdemeanor
Battery
Intentionally causes substantial physical harm or visible bodily harm (black eye, bruises) Misdemeanor
Family Violence Battery
First conviction= Misdemeanor
Second Conviction= Felony
Aggravated Battery First
Maliciously causes bodily harm to another by depriving him or her of a member of his body, rendering a member of his or her body useless/disfiguring body
Kidnapping
Abducts or steals away another person without lawful authority.
False imprisonment
In violation of the personal liberty or another, arrest, confines, detains without legal authority
False imprisonment under color of law
Arrest, confinement, detention-an officer knowingly and maliciously executing. Felony
Motor vehicle hijacking
While in possession of a firearm or weapon obtains a motor vehicle from another by force and violence or intimidation or attempts to conspire to do so. Felony
Interference with Custody
Knowingly takes entices any child or committed person away from lawful parent. Knowingly harbors child from legal parent. Misdemeanor
Reckless conduct; HIV infected person
Cause bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and risk that act or omission will cause harm or endanger the safety of another= Misdemeanor
If person with HIV or hepatitis assault other using body fluids= Felony
Feticide
Willfully and without legal justification causes death of unborn child by injury to the mother of such child, which would be murder if it resulted in the death of the mother
Stalking
Follows, places under surveillance or contact another person without consent of the other person for the purpose of harassing and intimidating the person. Misdemeanor first offense. Felony for second
Aggravated Stalking
In violation of a bond to keep the peace posted. Felony
Cruelty to a person who is 65 or older
Guardian or other person supervising that commits the offense of neglect and willfully deprives the person, causing their health or well-being to be jeopardized. Felony
Rape
Has Carnal knowledge, female forcible against her will, a female under age 10. Felony/Death
Statutory Rape
He or she engages in sexual intercourse with anyone under 16 yrs. Felony
Child Molestation; aggravated child molestation
Does any immoral or indecent act to or in the presence of or with any child under 16 with intent to arouse or satisfy the sexual desires or either the child or person or by means of electronic devise to transmit images of immoral. Felony
Enticing a child for indecent purposes
Solicits, entices, or takes any child under age 16 to any place for the purpose of child molestation. Misdemeanor
Sexual Assault
Engages in sexual contact with another. Felony
Bestiality
Sexual act with an animal. Felony
Necrophilia
Sexual acts to dead human body. Felony
Public indecency
Act of sexual intercourse, lewd exposure of sexual organs, and lewd appearance in partial or complete nudity. Misdemeanor. Felony after third conviction
Prostitution
Sexual act for money or anything of value. Misdemeanor
Keeping a place of prostitution
Exercising control over the use of any place, shelter, for the practice of prostitution. Misdemeanor
Pimping
Offer or agrees to procure a prostitute for another, arrange a meeting for prostitution, direct, supports, receives money, aids prostitution. Misdemeanor
Pandering
Solicits a person to perform an act of prostitution on his or her own behalf or in behalf or a third person, knowingly assembles persons at a fixed place for the purpose of being solicited.
Solicitation of Sodomy
Solicits another person to perform Sodomy. Misdemeanor. Under 18 is a felony
Bigamy
Being married knowing that his lawful spouse is living, marries another person. Felony
Marrying a Bigamist
Felony
Incest
Engages in sexual intercourse or sodomy with direct family. Felony
Sexual Battery
Intentionally makes physical contact with the intimate parts of the body of another without consent. Misdemeanor. Felony if under 16 years old or two convictions
Aggravated Sexual Battery
Intentionally penetrates with a foreign object the sexual organ or anus. Felony
Burglary
1st degree-intent to commit a felony or theft, enters or remains within dwelling house. Felony
2nd- without authority intent to commit a felony or theft, enters or remains building. Felony
Smash and grab
Intentionally and without authority enters a retail with intent to commit theft. After hours. Felony
Possession of tolls for the commission of crime
Possession any tool, explosive, or their device of crime. Felony
Criminal trespass
Under $500. Misdemeanor
Criminal Damage to property
2nd degree-Over $500 Felony
1st degree- Danger to life. Felony
Vandalism to place of worship
Maliciously defaces public place of worship. Felony
Arson in the first degree
By means of fire or explosive, knowingly damages causes, aids, advises, encourages damages to dwelling, buildings, cars etc.. Felony
Arson Second degree
Not dwelling. Felony
Arson third degree
Any personal property of another of $25.00 or more. Felony
Engaging in certain activities relating to use of fines and ignited objects
Intent to damage, start, cause fire in any woodlands, without taking necessary precautions before, during or after fire to prevent the escape of the fire. Cause fire by cigar. Misdemeanor
Theft by taking
Unlawfully takes. Over 1500 is a felony
Theft by deception
Obtains property by deceitful means
Theft by conversion
Lawfully obtains funds or property, under agreement but convert funds for own use
Theft of services
Deception and with intent to avoid payment of services
Theft of lost or mislaid property
Comes into control of property that he knows have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to owner
Theft by receiving stolen property
Receives stolen property which knows or should know is stolen
Theft by bringing stolen property into this state
Bring property into this state knowing its stolen
Theft by shoplifting
Conceals or takes, alters the price, transfer the goods to another container, interchanges label, wrongfully cause the amount to be less. Under $500 is misdemeanor Over 500 is a felony
Theft by extortion
Threats to inflict injury or any other offenses. Felony
Entering automobile
Enter any auto with the intent to commit a theft or felony. Felony
Robbery
Intent to immediate another, coercion, sudden snatching. Felony
Armed Robbery; robbery by intimidation
Intent to take property or immediate presence of another by the use of offensive weapon, or any replica. Felony
Forgery
1st-Intent to defraud, alters, possesses any writing, other than check (uses)-Felony
2nd Same as first (doesn’t use)-Felony
3rd Check. Felony is $1500 or check
4th under 1500 and under 10 checks-misdemeanor
Deposit Account Fraud
Makes, draws, delivers knowing it is bad. Under $500- misdemeanor
Representing peach officer organization without authority
Solicit or accept fee or donation to offer for sale or to sell advertising as a representative of a peace officer organization or find organization- misdemeanor
Violation of oath by public officer
Public officer willfully and intentionally violates the terms of his oath-Felony
False statements and writing; concealment of facts
Willfully falsifies conceals or covers up, makes a fictitious statement within government- Felony
Impersonating an officer
Falsely holds as a peach officer-Felony
Obstruction of officers
Knowingly and willfully obstructs or hinders law enforcement officers. Misdemeanor
If doing so with violence-Felony
Giving false name to officers
Misdemeanor
False report to a crime
Willfully gives false report to a crime to an officers. Misdemeanor
False Fire alarm
Misdemeanor
False public Alarm
Felony
Remove or attempt to remove firearm, spray baton from person acting within course of employment
Felony
Escape
If arrested as a felony- felony
Riot
Two or more persons shall do an unlawful act-Misdemeanor
Affray
Fighting by two or more person in some public place. By agreement- Misdemeanor
Unlawful Assembly
Assembly of two or more persons for the purpose of unlawful act and failure to withdraw when commanded. Or for the purpose of doing violence
Loitering or prowling
Is in a place at a time that is not usual for people to be. Justifiable and reasonable alarm and concern for the safety of persons-Misdemeanor
Terroristic Threats and Acts
Threats, third party have to hear- Felony
Disorderly Conduct
Act in violent manner toward another person. Fear for safety. Without provocation, uses abusive words, breach of the peace-Misdemeanor
Peeping Tom
Spying upon or invading the privacy or another
Contributing to delinquency, unruliness or deprivation of a minor
Knowingly and willfully encourages, causes aids in a minor in committing an act which would cause such minor to be found unruly-Felony
Gambling
Makes Bets-Misdemeanor
Commercial Gambling
Operates or participates in the earnings of a gambling place. Receives records a bet or to offer a bet. For gains sells chances promotes lotter-Felony
Keeping a gambling place
Knowingly permits any real estate building room under control to use a gambling place-Misdemeanor
What are 3 types of immunity
Absolute, Quasi-Judicial, Qualified/Official
What are the two levels of immunity
State and Federal
